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WRIGHT v. KECH-TV

133,264; CA A28750.

694 P.2d 545 (1985)

71 Or.App. 662

Arloene Elizabeth WRIGHT, Ina McCoy, and A. Clark Mohr, Appellants, v. KECH-TV, a Federally Licensed television station, Greater Willamette Vision, Ltd., an Oregon limited partnership, Roger Loe, Willamette Subscription Television, Ltd., an Oregon limited partnership, ABCD ... Vision, Inc., a California corporation, Respondents.

Court of Appeals of Oregon.

Decided January 23, 1985.

Attorney(s) appearing for the Case

Jossi Davidson, Silverton, argued the cause and filed the briefs for appellants.

Michael Duane Brown, Salem, argued the cause for respondents KECH-TV, Greater Willamette Vision, Ltd., Roger Loe, and Willamette Subscription Television, Ltd.

No appearance for respondent ABCD ... Vision, Inc.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Plaintiffs brought this action to compel the removal of defendant KECH-TV's transmission tower from land in an exclusive farm use zone. The trial court granted defendants' motion to dismiss on the ground that the Land Use Board of Appeals has exclusive subject matter jurisdiction over the questions presented in the action. Plaintiffs appeal, and we affirm.

Defendants installed the tower and related facilities in October, 1981,...

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